Can I Sue a Driver Who Hit Me in a Crosswalk?

Can I Sue a Driver Who Hit Me in a Crosswalk

Every year, pedestrians are seriously injured in California crosswalk accidents, even when they are legally crossing the street. Drivers who speed through intersections, ignore traffic signals, or fail to yield often cause devastating injuries that leave victims facing medical bills, missed work, and long recoveries. If you were struck while walking, speaking with a skilled pedestrian accident lawyer can help you understand your rights and whether you may be entitled to compensation.

In many cases, yes — you can sue the driver who hit you in a crosswalk. California law generally requires drivers to yield to pedestrians crossing within marked or unmarked crosswalks. When drivers fail to follow those rules and someone gets hurt, they can be held financially responsible.

Drivers Have a Duty to Yield to Pedestrians

Under California law, motorists must exercise reasonable care around pedestrians. That includes slowing down at intersections, watching for people crossing the street, and yielding the right of way in many situations.

A driver may be liable for a crosswalk accident if they:

  • Ran a red light or stop sign
    • Failed to yield while turning
    • Were distracted by a phone or navigation system
    • Drove too fast for traffic or weather conditions
    • Ignored flashing pedestrian signals
    • Were under the influence of drugs or alcohol
    • Failed to see a pedestrian because they were inattentive

Even if the driver claims they “didn’t see you,” that does not automatically excuse their behavior. Drivers are expected to remain alert, especially in areas with heavy foot traffic.

What If I Was in the Crosswalk When the Signal Changed?

Many pedestrians worry they may not have a case because the crossing signal changed while they were still in the street. In reality, that does not automatically make the pedestrian at fault.

California follows a comparative negligence system. That means more than one party can share responsibility for an accident. Even if you were partially at fault, you may still recover compensation. Your recovery could simply be reduced based on your percentage of fault.

For example, if a court finds you were 20% responsible but your damages total $100,000, you may still recover $80,000.

Insurance companies often try to blame injured pedestrians to reduce payouts. They may argue you crossed too slowly, stepped outside the lines, or were distracted. That is why evidence becomes critical after a crosswalk collision.

Evidence That Can Strengthen Your Claim

The stronger the evidence, the stronger your claim may become. After a pedestrian accident, several types of evidence can help prove what happened.

Important evidence may include:

  • Traffic camera footage
    • Surveillance video from nearby businesses
    • Police reports
    • Witness statements
    • Photos of the intersection and injuries
    • Cell phone records showing distracted driving
    • Vehicle damage analysis
    • Medical records documenting your injuries

In many crosswalk cases, nearby cameras capture the impact or the moments leading up to it. Acting quickly matters because footage is often deleted within days.

Common Injuries in Crosswalk Accidents

Pedestrians have almost no physical protection against moving vehicles. Even crashes at lower speeds can cause serious injuries.

Some of the most common injuries include:

  • Traumatic brain injuries
    • Broken bones
    • Spinal cord injuries
    • Knee and ankle injuries
    • Facial fractures
    • Internal bleeding
    • Severe road rash and lacerations

These injuries can lead to months or years of treatment. Some victims never fully recover physically or emotionally after being hit by a car.

What Compensation Can You Recover?

If a negligent driver hit you in a crosswalk, you may be able to pursue compensation for both financial and non-financial losses.

Potential damages may include:

  • Emergency medical treatment
    • Future medical care
    • Lost wages
    • Reduced future earning ability
    • Pain and suffering
    • Emotional distress
    • Rehabilitation costs
    • Permanent disability or disfigurement

The value of a pedestrian accident case often depends on the severity of the injuries, the long-term impact on your life, and the available insurance coverage.

Insurance Companies Often Try to Minimize Pedestrian Claims

Insurance companies frequently attempt to argue that pedestrians caused or contributed to their own injuries. They may question whether you crossed legally, whether you were visible, or whether you reacted fast enough.

In serious injury cases, insurers may also push victims into quick settlements before the full extent of the injuries becomes clear. Accepting an early offer can leave injured pedestrians without enough money for future treatment or lost income.

That is why many accident victims choose to speak with an attorney before giving recorded statements or accepting settlement offers.

When Should You Contact a Pedestrian Accident Lawyer?

The sooner you act, the better your chances of preserving evidence and protecting your claim. Witness memories fade quickly, surveillance footage can disappear, and insurance companies often begin building defenses immediately after a crash.

An experienced pedestrian accident lawyer can investigate the collision, gather evidence, negotiate with insurers, and pursue compensation on your behalf while you focus on recovery.

At Bojat Law Group, we help injured pedestrians fight for the compensation they deserve after serious crosswalk accidents. If you were hit by a negligent driver, call (818) 877-4878 for a free consultation.